out front next. spying on america's best friends. today the spies finally went on offense. >> some of this reminds me a lot of the classic movie "casa

blanca." my god there's gambling going on here. it's the same kind of thing. >> plus a grisly discovery at two water treatment plants. >> they discovered a human torso. >> and motive for murder? mcneal's mistress speaks. >> i believe he said that he had sent them a message that that was the case. >> that you guys were getting married? >> something like that. >> let's go "outfront." good evening, everyone. i'm erin burnett. "outfront tonight coming out swinging. finally someone in the administration defense nsa spying. their defense was clear, and aggressive. >> do you believe that the

allies have conducted or at any time any type of espionage activity against the united states of america our intelligence services our leaders or otherwise? >> absolutely. >> there has not been a mass casualty here in the u.s. since 2001. that's not by luck. they continue to try. it is the great members in the intelligence community, our military, our law enforcement that have stood up and said, this is our job. >> defending themselves with passion and conviction, which up to this point we hadn't seen much of in terms of defense. jim sciutto closely watched the entire hearing today. jim, what were the revelations at the hearing? >> reporter: you got the sense as you say, erin, they were just waiting to go have the chance to push back like this. they pushed back very strong here. first on spying both clapper and alexander saying that our allies spy on us, including on our leaders, that in fact the intelligence services in europe do so to an extent that maybe

even the elect leaders in europe are not even aware of. they even made the argument that the u.s. has better oversight than europe does, but they also said no one's hands are clean, that we spy on our allies including right up to the leadership. in fact, they made a case that quote leadership intentions are reasonable and acceptable target for intelligence gathering which would seem to indicate that even contents of the cell phone calls of someone like angela merkel are fair game in the spy game. >> and jim, the nsa chief alexander also came out swinging against accusations the u.s. has been spying on european citizens. as you know these headlines every day, 70 million calls here. 60 million calls there. but they were really really defensive on that issue, right? >> reporter: they were. they took a shot at the media saying there's been some very bad reporting out there. what they said is these reports were based on the misreading of a single slide released by edward snowden. and that slide showing she is numbers in millions and so on.

but in fact, the nsa collected no information in europe. they say that any information, any of this metadata, that's what it was just metadata. not phone calls or content. was done by european intelligence services not by the nsa. and that in fact it was nof of citizens of those countries, france and spain, but collected from a number of sources by the u.s. and nato allies in support of military operations abroad. here's how they made that case at the hearings today. >> assertions by reporters in france, lemond, spain, el mundo, italy espresso that new york sa collected millions of phone calls are completely false. to be perfectly clear, this is not information that we collected on european citizens. it represents information that we and our nato allies have collected in defense of our countries and in support of

military operations. >> so in effect they're saying there that one of the strongest reasons for this anger we've been seeing from europe started with nothing, the misinterpretation, erin, of a single powerpoint slide. >> well, we shall see. of course that was the tip of the iceberg. thanks so much to you, jim. republican senator rand paul sits on both the foreign relations and homeland security committees. and senator, great to have you with us. you heard james clapper's response to the question, are america's allies spying on america. and his answer was categorical. quote unquote, absolutely. well, if that's true, should america stop spying on its lowelo closest allies? >> i guess the real question who's in charge. the president doesn't seem to know he's spying on our allies. to me it doesn't seem to advance diplomacy for us to be spying on our allies, particularly the personal phone of the president of germany for ten years. i think that seems unseemly.

i think that goes against having good relations with your allies. >> a fair point. but of course, senator paul, people on the other side say america doesn't have the luxury of not spying when other people are spying. if your allies are spying on you, then you got no choice. >> yeah. didn't we have something about that when we were children about two wrong don't make a right? i would say i want our government to spy on terrorists, on people who they have probable cause they may attack us. but i think wasting time like spying on 70 million spaniards or 30 million french or 124 billion pieces of information from americans? i don't feel any safer, but i do feel like my privacy is being intruded on and i think the rest of the world feels that way. so the question is, will it eventually have counterproductive effects, us being this great spy lord for the whole world. >> spy lord. let me just play something else that james clapper said today. here he is. >> we face awn ending array of

threats to our way of life, more than i've seen in my 50 years in intelligence. >> of course, senator, of obviously he's talk about broader threats. you're saying it's okay to spy on terrorists but not our allies. of course, 9/11 as we now know, a significant part of that was coordinated and planned in germany. industrial espionage for example happens all the time. the europeans i'm sure would love to spy and get all they could on america's biggest exporter boeing so they could get an advantage for airbus. why wouldn't we spy on europe to help europe, too? >> here's the thing, erin. you have now the chairman of the judiciary committee, senator leahy, the chairman of the judiciary committee or one of the committees in the house, james sensenbrener, two authors of the patriot act, now saying the head of our intelligence because we don't see to know who's in charge? it's conceivable that the head of the intelligence is spying on our president's cell phone. so we really don't know who's in charge. we think they have overstepped their bounds.

but you have people who were authors of the patriot act now saying our intelligence agents have gone too far, not to mention that james clapper came to congress and lied and said he wasn't doing surveillance, wasn't collecting any data on americans. so there's a lot of of trust being lost. i think a great deal of credibility lost in the intelligence committee. and we have to trust our officials if we're going to let them have such sensitive information about our personal lives. >> your fellow tea party-backed republican marco rubio is among those now actually seems to support these programs even with the fact as you say there's been a huge lack of transparency. here's what he said just a couple of days ago. >> everyone spies on everybody. at the end of the day if you are a u.s. government official traveling abroad you are aware that anything you have on your cell phone, on your ipad could be monitored by foreign intelligence agencies including that of your own allies. >> senator paul, i totally understand your point. you want to know what they're doing and you have a right to especially given all the committees you're sitting on.

ceos have told me it takes chinese 90 seconds to steal every piece of data from your hotel room, the french a little bit longer. >> but here's the thing, erin. there's 4 billion people on the planet. if we're going to spy on everybody all the time, if we're going to have this big brother state that we are going to live, in i'm afraid that that detracts from actually focusing in on the terrorists. we had one terrorist it, the 20th hijacker we caught a month in advance of 9/11. we just didn't do good police work. we didn't even ask for a warrant. so i think this excessive surveillance state where everybody's equally a terrorist and we're going to look at every american's records, i think it distracts from us the prize. and the prize are terrorists. and i think we need to focus in on terrorists and not be such a dragnet we bring every innocent american and every innocent person in the world into our surveillance system. maybe the haystack is too big to find the needle, which is an interesting point. >> i think so. before we go you wrote a letter today. i have it here on your letterhead. it says you object to a vote on

janet yellin's fed chairmanship unless there is a vote on your bill about transparency at the fed. in english translating that you tried to do that with the john bre brenner nomination which led to your filibuster. are you prepared to stand there and filibuster again? >> we'll see. but i do want to make the point that for three years we've asked harry reid for a vote on the fed. it passed the house overwhelmingly. over 100 democrats and all of the republicans voted for auditing the fed. we're supposed to be in charge of the fed. we created the fed. and congress has beabdicated it duty. a lot of wealthy people are getting wealthier, poor people are getting there's an illusion of wealth.

i am in favor of looking into what the fed is doing. an official apology for the botched rollout of obama care. and the question is whether the president misled the public on the a crucial aspect of his legislation. multiple body parts found in two municipal treatment plants. later what is google doing on this barge? the mystery solved next. [ female announcer ] what if the next big thing, isn't a thing at all?

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human body parts found in two water treatment plants. authorities have found the upper torso of a female body in a wastewater treatment plant in bassett, california about 20 miles outside of los angeles. this comes on the heels of the discovery of human remains at another treatment plant 30 miles away in carson on saturday. kyung lah is out front. >> reporter: a gruesome find over the weekend, a pelvis and legs. then at a second sewage plant 30 miles north yesterday they found a head and a torso belonging to a woman. investigators now believe what

they are deal with is a murder. >> you believe that these two plants and what was found at the plants are connected? >> yes. >> why do you believe they're connected? >> the way that the body was separated and the body parts that were discovered at both plants seem to fit almost like a puzzle, if you will. >> reporter: there's only one way into the lines that feed these two particular sewage plants. it is through a manhole. investigators do believe that the body entered the system that way. now, these two plants deal with recycled water. they feed into the ocean. they do not feed into the california drinking supply. the l.a. county coroner is trying to determine a cause of death as well as identify this woman. erin? >> oh. horrible. our third story outfront, the money and power of google. the tech giant is known for being a little quirky. it's one of the reasons people think google is behind this.

this is a barge that you're looking at near treasure island in the san francisco bay. it's stacked with a four-story structure built out of shipping containers. what is it and why has it attracted so much attention? c net broke the story about the mysterious barge. dana, you actually went out on a boat today to get up and close and try to figure out what this thing is. what did you see and what were you hoping to see? >> well, we saw the building right up close. and it's quite spectacularly large for something that's right out in the open if it's supposed to be a secret. we were hoping to see that the windows would be showing light all the way from one side to the other, because that would tell us something about what's inside the structure. but the windows were closed off, so we weren't able to tell that. >> what makes you think this is a google project? >> i did a lot of reporting that sort of connected this structure on the pier to a building that's

very close to it and connected those to google. so what happened was -- >> i'm sorry. i'm not sure if you could hear me. you were saying you thought there were buildings nearby that were linked to google was part of how you figured it out? >> exactly. i had gotten sort of a tip online that google was renting this building on treasure island in the san francisco bay. and when i started digging into it i found all these clues, such as i went to the building and i asked for google and i was told to go down to a door a little bit to the right. i asked people on the island, and people had definitely heard that google was out there. somebody told me that people were paying for lunch in a local cafe with google credit cards. >> there you go. you're a sleuth and a reporter. daniel, thank you very much. kind of a story in mystery that's captivated everyone. if google is building this giant thing what are they going to use it for? analysts say maybe the google

glass. still to come a six-hour killing spree has finally come to an end. what allegedly caused a man to murder five people in texas. and another day of bizarre testimony at the trial of a former doctor. today his mistress on the stand. she talked about what they did together before and after his wife's death. you'll hear her. and a gas station clerk shot by a would be be robber. but his life was saved by what you're looking at. look at that. we'll be back. i've always tried to give it my best shot. these days i'm living with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. at first, i took warfarin, but i wondered, "could i up my game?" my doctor told me about eliquis. and three important reasons to take eliquis instead. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin. two, eliquis had less major bleeding than warfarin. and three... unlike warfarin,

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our fourth story out front was the mistress the motive for murder. dr. martin mcneal, and his

former mistress spoke about their passionate affair before and after the death of mcneal's wife. it was a relationship that according to gypsy willis involved looking at wedding rings just months after prosecutors say mcneal drugged and drowned his wife. jean casares is on location out front. >> reporter: day two of gypsy willis's testimony took the jury back into her tangled love affair with martin mcneal, a secret kept from his wife michelle along with the rest of the family before and after her death. >> were you exchanging terms of endearment and text? >> i expect so, yeah. >> i love you, i miss you, i wish you were here at work, that kind of thing? >> probably. >> reporter: martin, a respected physician and mormon sunday schoolteacher, is accused of murdering his wife of 30 years with a lethal combination of drugs after pushing her to get a facelift so he could be with willis. she moved into the mcneal home

soon after the funeral as the family nanny, and, she says, martin's lover. west mcneal looking on, willis admitted she sent him hundreds of text as well as provocative photos, even the day after his wife died. >> i took pictures of myself whenever i thought i looked okay, yeah. >> would you describe the content of these two pictures for me? >> they are of me in a mirror exposing my back. >> is it exposing below your back as well? >> there's one picture where it's a little bit suggest. >> i have it's showing your buttocks? >> yeah. >> and in the other one it's not showing your chest area, but you are shirtless. >> well, my back is exposed. >> and it wasn't long before talk of marriage was in the air.

>> it was a diamond ring. >> how big? >> how big karat? >> yeah. >> it was 4 1/2 karats. do you remember the cost of that ring? >> around 7,000. >> in terms of the marriage plan, the two of you were very serious about getting married? >> i believe. so. >> were the two of you ever officially married, though? >> no. >> despite not being officially married, you still held yourself out as jillian mcneil? >> yes. >> did you have a marriage date on this? >> the marriage date is listed as april 14th. >> of what year? >> 2007. >> what's the significance of april 14th of 2007? >> that is the day of the funeral. >> reporter: despite their hidden relationship, willis denied any involvement in the death of michelle macneill. >> in light of all this information, are you telling us you don't know anything more about michelle's death? >> that is correct. >> reporter: but the bombshell of the day did not come from

gypsy, it was her mother who took the stand and recounted a conversation she had with martin macneill shortly after he became engaged to her daughter. >> he said to me that he had never loved michelle. and then he amended that to say, well, i did. i loved her as a sister, but i did not love her the way i love gypsy. >> reporter: the jury also saw a videotaped interview today done in 2008 with then 7-year-old aida macneill. cameras could not capture it as per a judge's orders but in the courtroom i saw ada on that videotape. she had pigtails, bows, a satin head band. she was so nervous she didn't want to talk about her mother, refused to talk about her father at all. but erin, after she was left alone and actually able to just scribble with crayons so aggressively she came back and she said that she and her father went into the master bathroom, she saw her mother floating in brown liquid and that her mother was fully clothed and she was

fully in the tub. but she did not say that her head was next to the spout of the shower, which is inconsistent with what martin macneill is saying. >> jean casares, thank you very much. still to come, we have breaking news, a secret report reveals that the white house knew, knew the obama care web site had problems weeks before the launch. well, they haven't said that before. so why? why was it ignored? plus dramatic testimony at the trial of the costa concordia captain. how witnesses, including his girlfriend at the time, describe the moments before the ship went down. and one of the most exciting moments ever. we're going to show you the entire video in tonight's shout out. this one, amazing!

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half of "outfront". we are learning from our barbara starr tonight just how close the u.s. got to nabbing the only man charged in the benghazi attack in which four americans were killed last september. when u.s. special forces captured former al qaeda operative in libya this month they were days away from launching another raid. this one by the leading suspect in the benghazi attack.

cnn has learned the mission was called off because there was too much publicity about the al libi capture. this raises questions about whether the tradeoff was a right one. one grim discovery after another. police say a 36-year-old man went on a killing spree near dallas that lasted about six hours. five people including his mother and aunt have been found dead in four different locations, at least three shot to death. charles brownlow was arrested after he crashed his car during a high-speed police chase and attempted to flee on foot. he was reportedly intoxicated by an unknown substance. he's been charged with one count of capital murder so far. at this point police haven't revealed a motive. key testimony today in the manslaughter try of the kosta conco concordia captain. witnesses told tales of chaos. the ship's maitred said he was

going -- a ballerina also took the stand saying she was cotino's lover at the time. reports were she was his guest on board and may have distracted him from properly evacuating the ship. a gas station clerk ordered by an armed robber to open the store safe. the suspect then fired a single round to try to kill him and fled. police arrived and then this happened. >> the clerk said, i feel like my chest hurts. and so they started looking at the clerk. that's when they realized the guy had actually shot him, hit him, struck his cell phone and it caught the bullet. >> incredible. the clerk's shell phone was shattered, the bullet found inside. that's the cell phone you see there. his life was saved. police tell us the suspect is still at large but they have surveillance video and some leads. now our fifth story outfront, the breaking news at this hour. a secret report revealing that the white house knew the obama

care web site had problems weeks before the launch. so why did the health and human services secretary, kathleen sebelius, say the president didn't know anything about the web site problems? and why were the warnings ignored? outfront tonight, joe johns. joe, what are you learning about this report, about what they knew? >> reporter: erin, the main contractor, the key contractor, cgi, issued this confidential report to the agency overseeing the healthcare.gov rollout. it warned of a number of open issues for the health care web site. the report gave the highest priority to things in plain language, we don't have access to monitoring tools, not enough time to schedule or conduct adequate performance testing and hub services are intermittently unavailable. short for the sites not working sometimes. cgi saying back in september they were putting a team in place to alert whenever the hub goes down, erin. >> now joe, obviously the question is did people in the

white house know the significance of that. but what does the administration say? kathleen sebelius has been so adamant that the president didn't know anything. what does this mean about that? and why were these warnings ignored? >> reporter: well, they did issue a very brief, almost terse statement just minutes ago saying in part, this was a document at a point in time that identified issues and we worked to address those issues, and all issues identified. so i think they're sort of playing up the fact that this was a report that was issued to the government early in september, and they had several weeks to try to work with those things that needed to be fixed. the implication is they did the best they could, i think. >> right. that they said work on them and it wasn't their fault they weren't fixed, i suppose. joe johns, thank you very much, joe johns reporting on that property. outfront tonight i want to bring in the former white house deputy press secretary bill burton and republican national committee shawn spicer.

you just heard joe johns reporting the obama administration knew in september the web site wasn't ready to go live. people seeing what really happened and the scale of the problems thus far ask fairly how could they have ignored that it seems. >> i don't think anyone is ignoring any of the problems that are happening. what is happening is thousands upon thousands of people are successfully going online and able to sign up for health care which they may have not had before or had access to before. there are obvious problems with the web site and the way this was rolled out. at the end of the day the long term effects of this law are going to have such a vast positive impact on the lives of so many americans that these short-term health web site problems are just that, short-term web site problems that can be fixed. >> and look, you may be absolutely right about that, bill. history could pro1,000% right. there's got to be frustrations. >> there's frustration this isn't all going perfectly.

no big progress roles out or product rolls out without having any new glitches even when iphones and ipads come onto the market there's problems. that isn't that they aren't completely dominating the phone and the product market. technology sometimes takes time to work out the kinks, figure out what the problems are, get in there and fix them and make sure people have health care you. got to look at the long term. short term a couple months where the web site is having problems, yes, it's frustrating. but in the long term this is going to have a positive impact on our country. >> sean, do you buy that at all? >> no on several fronts. in the private sector there's accountability. what we've heard is coverup. not sure what's more troubling what they did or didn't know. there is a big problem going on about what people in the government know and don't know and who's being held accountable. frankly it's nobody. and i think unlike bill's example on the iphone and all the other products that come out of the private sector is that

people are held accountability and this sort of behavior would never be tolerated. i would agree with bill on this one quick point. short term the web site will get fixed. this is not about a web site. long term it's going to be about this. letters that colleagues and friends of mine are getting all over the country that say hey your health care is going to be dropped from now on. you have to go out and buy new health care. the plan that you were promised you could keep you are not allowed to keep. and you're probably going to pay more for it. so i think that the long-term problem, the web site is just a short-term problem. i think that in itself we've got a lot of issues with accountability and wastes of hundreds of millions of taxpayer dollars. but the long-term problem is that the costs are going to be borne by the american people who are going to have to buy new plans, who are not getting promised to keep the plan they want. >> let me just ask you about this. we've got a words, accountability, the first official obama care apology came today, someone being

accountable. here it is. >> i want to apologize to you that the web site has not worked as well as it should. i want to assure you that hea h healthcare.gov will be fixed. >> that was marilyn tavenner. shouldn't someone else be saying sorry, someone like the president or kathleen sebelius? >> this is such a washington game, right? spicer talks about there's no accountability. nobody's taking responsibility. you saw the head of cms in that video take responsibility and apologize for is today. the president has acknowledged there are problems. secretary sebelius has acknowledged there are problems. the washington game of parsing who's saying what, when, it's irrelevant to what the situation is right now which is that there's a web site. it's helping thousands upon thousands of people get health care. it's got some problems that are getting fixed. it's going to be a long-term solution to the health care crisis in this country. >> it's not that's the problem. >> there should be accountability and there

absolutely is. i'm not going to take advice on go. waste when the republican party just shut down the government to the tune of $24 billion for no reason whatsoever. so i think that there has been accountability and these problems are being fixed. but this is a short-term problem. >> who's being held accountable? what person? name the person. who's being held accountable? >> you just saw that tape. >> name one person. >> what you just saw. >> you spent $400 million. >> you're asking should someone be fired and who? >> no. i'm saying her coming out three weeks later, it's now the middle of october. end of october rather. you have the head of cms coming out and saying, hey, i'm sorry about this. and frankly for three weeks we've been hearing about glitches and this was about demand and actually isn't a big problem. i think calling that accountable is ridiculous. that's not accountable. accountable is on day one saying we blew $400 million on the tax payers' money. somebody's going to get fired on this. five weeks later -- >> if only the republicans had this kind of energy about

getting people covered with health insurance. instead it's about glitches on a web site. >> i'm equally concerned about everyone getting one of these letters, bill, who's getting all these people from california to florida who's getting a letter in their mailbox or e-mail saying the plan that you have is getting terminated. your employer terminating their health care. i care about those people. >> i have to change the topic here, because i want to get to the other a word, that is the one i'm not going to say on the show. making headlines. tom coburn you both heard it republican senator "there's no comedy with harry reid. i think he's an absolute a hole. why go there." >> all right, sean, how do you defend that? senator coburn is usually a guy who often takes the high road. but this is the kind of stuff that makes washington look pathetic. >> well, i'm not going to defend the use of that kind of language. but i think that you're right in your description of senator coburn. he is somebody who constantly

reaches across despite his views and his filmness on on policy issues is always looking to reach across the aisle and working with people to make this government more accountable and better. so i think to have him reach that level of frustration. it's something that bears out in mark leibowich's book. senator reid doesn't like to play with others and play well. i don't like the use of the word but i think the sentiment expressed by senator coburn is something that probably harry reid's own colleagues would agree with on his side of the aisle. >> harry reid's response was this is childish name calling from a senator who hasn't sponsored a single piece of successful bipartisan legislation during his career. hardly taking the high road, reid. >> harry reid is about getting things done. got the government back open, got the debt ceiling raised, moved things forward. it's hard to take seriously the notion anyone is interested in working across lines using that

kind of language about his colleagues. >> harry reid called the president of the united states a liar. he's not demonstrated good behavior ever. >> i'm sure he'll call you and check in on be avenhavior. >> i. our sixth story out front is growing outrage over a teen killeded carrying a fake rifle. tonight a funeral being held for the 13-year-old boy who was shot and killed by a california chef's deputy. the deputy claims he mistook the teen's pellet gun for a genuine assault rifle. protests with hundreds in santa rosa taking to the streets calling the tragedy a combination of unnecessary force and racism. dan simon is outfront. >> reporter: in santa rosa, california today, hundreds of protesters, many of them teenagers skipping school. demanding justice for andy

lopez, the 13-year-old shot and killed by a sheriff's deputy who apparently thought the teenager posed a deadly threat holding what turned out to be a toy gun, an ak-47 replica. but some think the deputy and his partner showed poor judgment, or worse, deliberately targeted a hispanic youth. >> we're here to say a badge is not a license to kill. we demand that the cops be jail. we have no confidence in the police or politicians. >> reporter: investigators from another police department are still reviewing the case, but thus far seem to be defending the deputy. 24-year veteran eric gillhouse saying he had to quickly react based on what he saw at the time. >> that the weapon appeared real, that the subject appeared to be turning toward them, and the barrel of the weapon appeared to be rising this their general direction. >> reporter: the fbi is also investigating whether lopez's civil rights were violated. and even though he was just 13, gillhouse and his partner told

investigators they didn't realize he was so young. >> they didn't realize until later, the accident was over the particular age of the subject. what they focused on was the very real-looking replica assault rifle that the subject was carrying. >> reporter: complicating matters, the replica called an air soft rifle, did not have an orange cap on the end of the barrel required by law to be put on toys. but protesters say this is the case of an overzealous deputy. >> we want this eric gillhouse jailed and charged with murder. we're going to keep marching and keep walking out of school until this happens. >> reporter: we are at the sonoma county sheriff's office where this march ended. at one point you had hundreds if not thousands of people. in behind me you can see barricade and deputies in full riot gear just to make sure nothing got out of control. fortunately everything was peaceful. erin, there are mow protests planned for later in the week. back to you. >> thanks to you, dan simon. still to come, iran's soccer

team preparing for next year's world cup. but an american is front and center helping them. that story. plus major jason bresler has been a marine for 13 years. how a single e-mail may have just ended his career. and the shout out tonight, a new record. so that tiny tiny speck is a surfer, carlos better berlight riding a 100-foot wave off the coast of mexico. if he broke the record it was broken by a whopping 22 feet set off the coast of portugal. they get an extra boost from the wind generated by storms. there was a major atlantic storm as you know which just hit the u.k. which was responsible for this. the shout out goes to berlight not for riding the massive wave surely that's impressive but for helping another surfer who was knocked unconscious after falling off her board. when we made our commitment to the gulf, bp had two big goals:

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i get bonuses even working part-time. where i work, over 400 people are promoted every day. healthcare starting under $40 a month. i got education benefits. i work at walmart. i'm a pharmacist. sales associate. i manage produce. i work in logistics. there's more to walmart than you think. vo: opportunity. that's the real walmart. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits

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does the punishment fit the crime. after 13 years with the marines a single e-mail exposing a insider threat may end major jason bresler's career. many say bresler's warnings

could have saved lives. why is he the one face punishment? >> reporter: jason bresler is not just a new york city fireman. he's also a highly decorated officer in the u.s. marine reserve serving four tours in iraq and afghanistan. so why is major bresler facing possible discharge on less than honorable terms after serving 13 years with the marines? >> for a man like jason bresler, being asked to separate from the marine corps that you love so much would be an even worse punishment than jail. >> reporter: legally major bresler cannot speak about his case because it's still under review. his attorney is speaking for him. here's what he says happened. bresler was in the u.s. in the summer of 2012 when he received an urgent message to his yahoo! e-mail account from his fellow marine officers at a base in afghanistan's turbulent helmand

provin province. >> the subject line said in all capital letters with three exclamation points sarwa jan is back. >> when jason was serving in afghanistan in 2010, he cause the this afghan police official to be fired from that position because he was raping children. >> reporter: almost immediately after receiving the urgent e-mail, bresler responded attaching a classified document warning the marines that jan was a threat. cnn has repeatedly tried to get an official account of what happened next. but every major military agency involved has declined to comment. the marine corps has only said that due to the mishandling of classified information, major bresler has been ordered to show cause for retention in the u.s. marine corps before a board of inquiry. they point to his use of the unsecure yahoo! account, a breach of security, yes, but one

that some believe could have saved lives. >> what do you think would have happened if the commanders had listened to the advice of major bresler? >> i would have my son. i don't think it's asking. i would have my boy with me today. >> reporter: less than two weeks after bres le sent the marines that e-mail warning about jan, greg buckley's son, lance corporal greg buckley jr. was shot and killed along with two other marines at the same base. >> he was in the gym with his friends just working out, and they just walked in and with an ak-47 given to him by the chief of police, sarwa jan. at about 8:30 at night on august 10th executed three marines. >> the only reason that the shooter was on that base and had access to weapons is because he was the child sex abuse victim

of the afghan district police chief. >> reporter: the suspected shooter was reportedly a teenage servant of sarwa jan. both reportedly detained after the shooting. now afghan officials say they do not know their whereabouts. 14 months later, u.s. central command has yet to publish the results of an investigation into the incident. the only person facing any charges is major bresler for using an unsecure e-mail account. >> it's wrong to be going after the one person who seems to have done by all accounts did the right thing. >> reporter: the many unanswered questions leaving congressman peter king and buckley's family to come to major bresler's defense. >> they should be giving him a medal, not prosecuting him. >> reporter: we're told the marine corps is not commenting further on major bresler's case to avoid influencing the three officers he'll face at his board of inquiry next month. until then, bresler will focus on his current job, fighting

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and we're back tonight's outer circle. an american is helping the country of iran's soccer team preparing for the world cup. i asked why the coach decided to go to iran. >> reporter: erin, an american citizen making headlines for his decision to move here to iran and help iran's national soccer team qualify for the world cup in brazil next year. his name is dan gaspar, born in